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Cap. 36 · Prevention Of Disease Ordinance (Cap. 36)

Cap. 36 Art. 107Punishmentforuse ofexpiredlicenses, digging up or car- cases and other specified offences.

TITLE III

In KraftAmtlicher Text

(1) Saving the provision of article 109, a person shall be guilty of an offence against Part II of this Ordinance if he does any of the following things:

(a) if, with intent unlawfully to evade the provisions of

Part II of this Ordinance, or any order of the Minister responsible for agriculture or regulation made thereunder, he does anything for which a license is requisite under that Part or under an order of the Minister responsible for agriculture or regulation made thereunder, without having first obtained such license; or

(b) if, where a licence is requisite, having obtained such licence he, with the like intent, does the thing licensed after the licence has expired; or

(c) uses or offers or attempts to use as such a licence an instrument not being a complete licence or an instrument untruly purporting or appearing to be a licence, unless he shows to the satisfaction of the court that he did not know of that incompleteness or untruth and that he could not by the use of reasonable diligence have obtained knowledge thereof; or

(d) if he obtains or endeavours to obtain any licence, certificate or other instrument required by that Part or by an order of the Minister responsible for agriculture or regulation made thereunder, by means of a false pretence, unless he shows to the satisfaction of the court that he did not know of that falsity and that he could not by the use of reasonable diligence have obtained knowledge thereof; or

(e) if with intent unlawfully to evade or defeat the provisions of Part II of this Ordinance, or any order of the Minister responsible for agriculture or regulation made thereunder he grants or issues any instrument being in form a licence, certificate or other instrument made or issued under that Part or under an order of the Minister responsible for agriculture or regulation made thereunder, for permitting or regulating the movement of a particular animal, or the doing of any other particular thing but being issued in blank that is to say not being before the issue thereof so filled up as to any particular animal or thing; or

(f) if he uses or offers or attempts to use, for any purpose under Part II of this Ordinance or under any order of the Minister responsible for agriculture or regulation made thereunder, an instrument so issued in blank, unless he shows to the satisfaction of the court that he did not know of it having been so issued and that he could not with reasonable diligence have obtained knowledge thereof; or

(g) if, without lawful authority or excuse, proof whereof shall lie on him, he digs up, or causes to be dug up, a carcase buried under the direction of the Police or of the Director of Agriculture; or

(h) if, where the Minister responsible for agriculture has by order prohibited, absolutely or conditionally, the use for the carrying of animals or for any purpose connected therewith, of any ship, vehicle, pen or other place he, without lawful authority or excuse, proof whereof shall be on him, does anything so prohibited.

(2) And saving the provision of the said article 109, in every case in this article specified on a further conviction within a period of twelve months for a second or subsequent offence against the same paragraph of this article he shall be liable, in the discretion of the court, to imprisonment for any term not exceeding two months, in lieu of the fine (multa) to which he is liable under article 105.

Änderungsgeschichte
  • Amended by XLIX.1981.4